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HomeMy WebLinkAboutagenda.boa.19921210CITY OF ASPEN BOARD OF ADJUSTMENT DECEMBER 10, 1992 4:00 P.M. CITY COUNCIL CHAMBERS A G E N D A I. CALL TO ORDER ROLL CALL II. CASE #92-6 DOUGLAS P. ALLEN III. CASE #92-15 CELLULAR ONE IV. ADJOURN NOTICE OF PUBLIC HEARING CASE #92-6 DOUGLAS P. ALLEN BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will be held in the Council Room, City Hall, Aspen, Colorado, (or at such other place as the meeting may be then adjourned) to consider an application filed with the said Board of Adjustment requesting authority for variance from the provisions of the Zoning Ordinance, Chapter 24, Official Code of Aspen. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, you are urged to state your views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for variance. Particulars of the hearing and requested variance are as follows: Date and Time of Meeting: Date: DECEMBER 10, 1992 Time: 4:00 p.m. Owner for Variance: Name: DOUGLAS P. ALLEN Address: BOX L, ASPEN Appellant for Variance: DOUGLAS P. ALLEN Location or description of property: PROPERTY IS LOCATED IN THE R-30 ZONING CATEGORY. FRONT YARD SETBACK IS 25 FEET (SECTS-205 (D) (4) -ASPEN LAND USE REGULATIONS, CHAPTER 24 OF ASPEN MUNICIPAL CODE. APPLICANT APPEARS TO BE REQUESTING A 25 FOOT FRONT YARD SETBACK VARIANCE WHICH WOULD BE A ZERO LOT LINE. Variance Requested: Will applicant be represented by counsel: Yes: X No: The City of Aspen Board of Adjustment 130 South Galena Street, Aspen, Colorado 81611 Remo Lavagnino, Chairman Jan Carney Deputy City Clerk AFFIDAVIT OF NOTICE BY POSTING OF A VARIANCE NEARING BEFORE THE CITY OF ASPEN BOARD ,OF ADJUST121ENT The undersigned being f irst duly sworn, deposes and says as f oll ows Pursuant to Section 2-22 (c) of the Aspen Municipal Code, I, Douglas P. Allen , being or representing an Applicant bef ore the City of Aspen Board of Adjustment, Personally certify that the attached photograph fairly and accurately represents the sign posted as the Notice of the variance hearing on this matter in a conspicuous place on the subject project (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously f rom the 13th day of d June , 19 9� to the 25th_ day of Tune , 1992. (Must be posted for at least ten (10) full days before the hearing date) . IS APPLICANT i Signatu County(of Pitkin State of Colorado Subscribed and sworn to before me this 25th day of Tune 1992 by Douglas P. Allen WITNESS MY HAND AND OFFICIAL SEAL My Commission expires 9/24/92 Notary Publi 530 East Main, Aspen, 111""0 81611 Address AFFIDAVIT OF MAILING CASE #92-6 I have complied with the notice requirements of Section 6- 205 (E) (3) (C) of the Aspen Land Use Regulations of the Aspen Municipal Code by mailing of notice, a copy of which is attached hereto by first class, postage prepaid, U.S. Mail to all owners of property within three hundred ( 300 ) feet of the subject property on June r 13 r 1992 - i - - 14 UT� STATE OF COLORADO } ) SS COUNTY OF PITIKIN } The foregoing Affidavit of mailing was signed before me this --�- 7 day of June , 1992 WITNESS my hand and official seal. My commission expires: C _ . 9�.�°; Notary Public Douglas P. Allen 530 Fast Main Street, Aspen, Co. 81611 May 19, 1992 City of Aspen Board of Adjustment C/o City Clerk 130 South Galena Street Aspen, Colorado 81611 Dear Members: This letter is a request for a zero lot line variance for the front yard of a single family non -conforming lot adjacent to Oklahoma Flats on Gibson Avenue as shown on the attached survey. A variance is needed for the following reasons: 1. The attached site plan illustrates the site is generally triangular in shape due to the adjacent road once being a railroad right-of-way. With a standard 25- foot front yard setback, it will leave only a small, irregular area in which attempted development would be extremely difficult and result in a home not compatible with the surrounding neighborhood. 2. As the site plan also shows, if the building envelope is back from the front yard property line, it is a very steep, unbuildable slope which will leave damaging, visible scaring. Attempted development on this slope would be extremely difficult and destructive if not practically impossible. Allowing a zero lot line would minimize scaring and destruction on the hillside and integrate the home on the lot in a sensitive manner. 3. The front property line is 52 feet from the edge of the Gibson Avenue pavement. A zero lot line setback will thus result in the home still being located 52 feet from Gibson Avenue. 4. The neighboring properties on Gibson, The Hill House, 707 Gibson, and Lot 2, Hill House Condominiums, are all built within the 25-foot setback. The applicant therefore is merely asking for the same relief that the neighboring properties already have been granted. If not granted, special conditions would apply to the applicant's property that do not apply to other similar property in the vicinity and zone. 5. Granting of this variance will not affect the Aspen Area Comprehen- sive Plan. 6. The conditions and circumstances listed do not result from the actions of the applicant. This property meets all the requirements of Section 10-104 of the Code which are the standards upon which you are to make your findings and base your decisions. These requirements, of course, require a finding that three circum- stances exist. They are as follows: A. The granting of this variance is generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Comprehen- sive Plan. Comment: This is presently a residential area and the request is for a single family residence. B. The grant of the variance is the minimum variance that will make possible the reasonable use of the parcel. Comment: See Paragraphs 1 through 4 above. The topography is as steep as the neighboring lots and homes on Gibson for which similar variances already have been granted. C. The failure to grant this variance would deprive the owner of rights commonly enjoyed by other parcels in the same zone district and would cause the owner unnecessary hardship or practical difficulty. In this case, it would: 1. There are special conditions which are unique to this parcel which are not applicable to other parcels in this zone (other than the neighbors who have previously been granted a similar variance), and these conditions do not result from the actions of the applicant; or 2. Granting this variance will not confer upon this lot any special privilege denied to other parcels or buildings in the same zone. Comment: This lot does not merely meet one of these criteria but meets the requirements of both 1 and 2. DPA/pjh Enclosure LTR\02S CHID 30 September 23, 1991 Douglas P. Allen, Esq. 530 East Main Street, First Floor Aspen, Colorado 81611 Re: Oklahoma Flats Parcel Dear Doug: 'EN ey Pursuant to your letter dated September 61 1991, and as a follow- up to our meeting of September 20, 1991, this is to advise you that your inquiry as to the status of the parcel of land located in the Gibson Avenue - Spring Street area has been reviewed by the Planning Director and this office. Based upon our conversa- tions,nexaminations of'various surveys and documents, and review of the applicable provisions of Municipal Code, I can notify you that the City agrees with your assertion that the "Isolated Parcel" as identified on the Property Investigation Survey Plat dated September 9, 1991, and certified by Aspen Survey Engineers, constitutes a nonconforming lot of.record as described in Section 24-9-106 (A) of the Code for purposes of development. I want to thank you for your willingness to discuss this matter fully and for producing the documentation necessary to facilitate a determination of the issues involved. Additionally, the City appreciates your consent to foreclose development on the "remain- ing parcels" and noting same on the plat. Very truly yours, Edward M. Caswall City Attorney EMC/ j dk jc923.1 cc: A. Margerum A. Schwartz rec ycted paper 1]77�����yLLAvW OFFICES OF ZAS F. V Alpine Professional Building 600 East Hopkins, Suite 302 Douglas P. Allen Aspen, Colorado 81611 Patricia K. Massender (303) 925-8800 FAX (303) 925-9398 December 10, 1992 City of Aspen Board of Adjustment c/o City Clerk 130 South Galena Aspen, Colorado 81611 Re: Allen Case 92-6 Our File 91-219(a) Dear Members: This letter supplements my present request in the above case to request a 1-foot lot line setback for the front yard of m ro The request is modified y P posed be constructed on the non -conforming lot owned b me single family residence to Avenue as shown on the drawings you have Previously sl been to Oklahoma Flats on Gibson een furnished. This letter also responds to the comments in Bill application. I will address his comments with Paragraphs ara raphDrueding's memo relative to this s numbered the same as in his memo. I. The proposed driveway entrance from Gibson A pedestrian/bike path whether or not the variance is ranted, venue will cross the same The d variance is not granted, the parking would need to be on a buifference would be that if the by a concrete retaining wall and with a variance I can h It up area on my property secured enclose a copy of a letter from the City EngineeringDepartmente the parking within a garage. I the driveway access from Gibson Avenue from an Engineering regarding the acceptability of Department point of view. 2. See the attached Engineering Department letter. The d City Codes regarding turn and slope. riveway will comply with all 3. This variance is not requested to increase the buildin en that as a condition of approval that the buildingenvelopeg velope size. I will stipulate square foot as a result of the granting of the variance. will not be Increased by even one The visual impact will be less than that City of Aspen Board of Adjustment December 10, 1992 Page 2 of the neighboring Sheffer property to the East as the garage is on the same level as the living area and the relative elevation of the top floor of the house will be substantially below that of the Sheffer property. The visual impact will be lessened due to the heavy stand of mature trees further on down my lot which would be removed if the house were built down at the bottom of the lot. 4. The access of Francis Street has been looked and rejected because of the necessity to remove large trees, engineering difficulties, and the narrowness of Francis Street at the point it accesses my lot. I would prefer to build at the bottom of the lot but given these concerns have chosen to make this application. 5. Inasmuch as the lot is so small and the house to be built on the lot is relatively small, the only alternative building envelope site is as mentioned in the previous paragraph and would result in a house similar to the Hill House nearby that goes from the Francis Street elevation clear up to the top of the hill, requires removal of mature vegetation, and would create a visually unattractive structure. There are three adjoining property owners to my property and they are all in support of this variance with certain conditions which I am sure they will articulate at the hearing. Also enclosed is a letter from the County Attorney's office relative to the access question. e truly yours, Douglas . Allen DPA/pjh Enclosure L1'R2\049 130 Asp April 8, 1992 Mr. Douglas P. Allen Attorney at Law 530 East Main Street Aspen, Colorado 8105111 Re: Driveways Crossing Public Trails Dear Doug: I am writing in response to your request for information. It is my understanding that you have a lender who is concerned about your ability to construct a driveway across a trail segment. Constructing a driveway in a public right-of-way in order to access a public street is a use - by -right. The actual construction and design details require an excavation permit. Driveways are permitted as the use -by -right to cross trails or sidewalks that are located in the right-of-way. Trails that are located in the public right-of-way are not based on easements but on the general principle of public use of the right-of-way. Therefore your driveway would not be in conflict with an easement because there is no easement for the trail. If your lender has any questions, please have them call me at 920-5088. Sincerely, Chuck Roth, P.E. City Engineer L9156 Pitkin County April 2, 1992 Douglas P. Allen, Esquire Courthouse Plaza Building 530 East Main Street, First Floor Aspen, CO 81611 RE: Oklahoma Flats Parcel Dear Doug: This letter is in response to your inquiry and letter dated. September 12, 1991, regarding the Oklahoma Flats Parcel consisting of approximately 10,352 square feet and which is more fully described in your letter. I have reviewed your survey prepared by Aspen Survey Engineers, Inc., dated July 167 1991, and can represent to you that legal access is avilable from Gibson Avenue across the County owned bike path subject to obtaining a building permit from the City of Aspen. I am not sure the topography in this location and any such access and curb cut would have to be approved by the County Engineer. This letter is not meant to comment on the developability of this parcel, located within the City of Aspen, but may be relied upon by you as an expression the legal opinion of this office that there are no issues of access to the parcel from Gibson Avenue. Sincerely, John M. Ely Assistant Pitkin County Attorney JN4E/hf's Administration County Commissioners County Attorney 530 E. Main, 3rd Floor Suite B Suite I Aspen, CO 81611 506 E. Main Street 530 E. Main Street (303) 920-5200 Aspen, CO 81611 Aspen, CO 81611 FAX 920-5198 (303) 920-5150 (303) 920-5190 Personnel and Finance Suite F 530 E. Main Street Aspen, CO 81611 (303) 920-5220 Transportation Facilities 76 Service Center Road Aspen, CO 81611 (303) 920-5390 TO: Board of Adjustment FROM: Bill Drueding SUBJECT: Allen Case 92-6 DATE: June 24, 1992 The planning office feels uncomfortable about this variance. 1. The proposed driveway crosses a much used pedestrian/bike path near a congested intersection. 2. The Engineering Department has concerns of the driveway -turn and slope. 3. The zero lot line allows substantial building envelope increase. 4. Elevations showing height are important to measure visual impact. 5. It appears that access off of Francis Street is an alternative to be looked at. 6. Planning would like to see alternative building envelope sites. NOTICE OF PUBLIC,AEARING CASE #92-15 COLORADO HIGH COUNTRY CELLULAR LTD. DBA CELLULAR ONE BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will be held in the Council Room, City Hall, Aspen, Colorado, (or at such other place as the meeting may be then adjourned) to consider an application filed with the said Board of Adjustment requesting authority for variance from the provisions of the Zoning Ordinance, Chapter 24, Official Code of Aspen. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, you are urged to state your views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for variance. Particulars of the hearing and requested variance are as follows: Date and Time of Meeting: Date: DECEMBER 10, 1992 Time: 4:00 p.m. Owner for Variance: Appellant for Variance: Name: HMS PARTNERSHIP ALAN WOYDZIAK Address: 300 SOUTH HUNTER Location or description of property: 624 EAST HOPKINS AVE., BLOCK 98, LOT Q. Variance Requested: PROPERTY IS LOCATED IN THE C-1 ZONING AREA. APPLICANT IS REQUESTING TO PLACE A TEMPORARY STORAGE STRUCTURE 9 FOOT 4 INCH BY 3 FOOT 4 INCH ON THE PARCEL PER ORDINANCE #69, (SERIES OF 1990). CELLULAR PHONE EQUIPMENT BUILDING. Will applicant be represented by counsel: Yes: No: X The City of Aspen Board of Adjustment 130 South Galena Street, Aspen, Colorado 81611 Remo Lavagnino, Chairman Jan Carney Deputy City Clerk CITY OF ASPEN BOARD OF ADJUSTMENT DEVELOPMENT APPLICATION DATE November 25, 1992 19 92 CASE Colorado High Country Cellular Limited APPLICANT Partnership d/b/a Cellular One PHONE 303-573-3277 1001 16th Street, Suite C-1 MAILING ADDRESS Denver, Colorado 80265 OWNER HMS Partnership PHONE 303-925-8810 300 South Hunter MAILING ADDRESS Aspen, Colorado 81611 LOCATION OF PROPERTY 6.24 East HoDk.ins Ave Block 98 Lot Q (Street, Block Number and Lot Number) WILL YOU BE REPRESENTED BY COUNCIL? YES NO X Below,describe clearly the proposed variance, including all dimensions and justification for the variance. (Additional paper may be used if necessary.) The building permit application and -any other information you feel is pertinent should accompany this application, and will be made part of this case. Plans are to construct a permanent cellular broadcast station at 620 E. Hopkins Ave. This application is to request permission to store operating cellular radio e.quipment on adjacent vacant property described as 624 E.'Hopkins Ave. while the permanent broadcast facility is being constructed. We propose to construct a 6 ft. high privacy fence around the equipment as shown on the attached drawings. The 15 ft. x 15 ft. equipment storage area will be removed within 6 months from the date of zoning approval. All electrical, telephone and antenna connections will be routed from 620 E. Hopkins Ave. as also shown o the attac e r wings. Applicant's Signature --------------------------------------- -- ---- ---------------- REASONS FOR DENIAL OF BUILDING PERMIT, BASED ON THE ASPEN CITY CODE, CHAPTER 24. AN OPINION CONCERNING THIS VARIANCE WILL BE PRESENTED TO THE BOARD BY THE ZONING DEPARTMENT STAFF. DATE PERMIT DENIED OFFICIAL DATE OF APPLICATION HEARING DATE AFFIDAVIT OF.NOTICE BY POSTING OF A County of Pitkin } VARIANCE HEARING BEFORE THE CITY OF ) ss. ASPEN BOARD OF ADJUSTMENT (Pursuant State of Colorado } to Section 6-205(E)(b) of the Muni- cipal Code) The undersigned, being first duly sworn, deposes and says as follows: IAlan J. Woydziak , being or representing an Applicant before the Pitkin County Board of Adjustment, personally certify that the- attached photograph fairly and accurately represents the sign posted as Notice of the variance hearing on this matter in a conspicuous place on the subject property (as •it could be seen from the nearest public .way) and that the said sign was posted and visible continuously from the 30th day of November , 19 92 , to the loth day of December , 19 92. . (Must be posted for at least ten (10) full days before the hearing date). :Z' L? A pli nt's ignature (Attach photograph here) Subscribe and sworn to before me this day of , �` by. 19 , =� WITNESS MY HAND AND OFFICZ_ L SEA?:,,. My Cowm± 1pn expires:`- J' /4 Notary Publi 's Sig tune AFFIDAVIT OF MAILING I have complied with the notice requirements of Section 6- 205 (E) (3) (C) of the Aspen Land Use Regulations of the Aspen Municipal Code by mailing of notice, a copy of which is attached hereto by first class, postage prepaid, U.S. Mail to all owners of property within three hundred ( 300 ) feet of the subject property on 11 1 30 1 92 . STATE OF COLORADO ) i SS COUNTY OF PITKIN ) The foregoing Affidavit of mailing was•signed.before me this day of WITNESS my hand and official seal. My commission expires:-% Notary'Public NOTICE OF PUBLIC HEARING CASE #92-15 COLORADO HIGH COUNTRY CELLULAR LTD. DBA CELLULAR ONE BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will be held in the Council Room, City Hall, Aspen, Colorado, (or at such other place as the meeting may be then adjourned) to consider an application filed with the said Board of Adjustment requesting authority for variance from the provisions of the Zoning Ordinance, Chapter 24, Official Code of Aspen. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, you are urged to state your views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for variance. Particulars of the hearing and requested variance are as follows: Date and Time of Meeting: Date: DECEMBER 10, 1992 Time: 4:00 p.m. Owner for Variance: Name: HMS PARTNERSHIP Address: 300 SOUTH HUNTER Location or description of property: 624 EAST HOPKINS AVE., BLOCK 98, LOT Q. Appellant for Variance: ALAN WOYDZIAK Variance Requested: PROPERTY IS LOCATED IN THE C-1 ZONING AREA. APPLICANT IS REQUESTING TO PLACE A TEMPORARY STORAGE STRUCTURE 9 FOOT 4 INCH BY 3 FOOT 4 INCH ON THE PARCEL PER ORDINANCE #69, (SERIES OF 1990). CELLULAR PHONE EQUIPMENT BUILDING. Will applicant be represented by counsel: Yes: No: X The City of Aspen Board of Adjustment 130 South Galena Street, Aspen, Colorado 81611 Remo Lavagnino, Chairman Jan Carney Deputy City Clerk ('10V 24 '92 16: 13 STEWRRT TITLE P. Gary G. and Leslie J. Troyer 601 E. Hopkins Ave. Aspen CO 81611 Gerald B. Troyer Jean Vick Trousdale c/o Troyer-Trousdale 601 E, Hopkins Ave. Aspen ego 81611 Bohdan D. Mysko 0/0 Dominion Shipping Corporation Ste 120, 3 Hiverway Houston TX 71 056 W . 1t • Walton PO Box 665 Aspen CO 81612 E. Norris Taylor and Goodrich H. Taylor #I t 602 E. Hopkins Aspen co .81611 Charles L. Cunniffe 520 E. Hyman Aspen CO 81611 Furngulf Ltd 616 E. Hyman Ave, Aspen CO 816ii Frank j'. Woods Ste 301 A 205 S. mill St. Aspen CO 8161.1 crack S. and Gesine Crandall PO Box 1066 Aspen co 81612 Irvine Biers 500 Lake Ave., Ste 169 Lakeworth FL 33460 Carisch Brothers c/o*Carmike Cinemas, Inc, FCC Box 392 Coluzbus GA 31994 Jordon C. Block 55 East Washington St. Chicago IL 60602 Donna R. Grand, Trustee 15000 Nall Stanley, KS 66224 C'-I(D'-Y' 24 "92E 16:14 STEI,JHRT TITLE Continuation Page P. 4/11 Mel Seid 1104 bale Ave. Aspen. Co 81611 Spring Street Association 117 S. Spring St. Aspen Co 81611 Alpine Bank 600 E. Hopkins Aspen CO 81611 Dayton Heidelberg Distributing Co. 1518 Dalton St. Cincinnati OH 45214 MHS Partners, Ltd c/o Steve Marcus Aspen Co 81612 The Hopkins Street Venture PO Box 3238 Aspen CO 81612 The Archdicese of Denver Address Unknown•,Gr a) Margarte A. Canner 534 E. Ave.Hopkins C? C) X P � Aspen CO 81611 Aspen Plaza Company PO Box 1709 Aspen CO 81612 Richard Burkley 709 East Main, #301 Aspen CO 81611 Edward L. Thrasher PO Box 7974 Aspen co 81612 Joan C. Schroeder 53 Pima Court Boulder, Co 80302 Donald D. Domerell 0/0 ABD Irrigation 8444 Lemontie Riverside CA 92509 -2 &) 2-,?- t INOV 24 ` 92 16: 14 STEWART TITLE Continuation Page P. 5/11 Christine Aubal Gerschel PO Box 2985 Aspen CO 81612 Bayard Hovd.esven PO Box 3810 ASPen CO 81612 William R. Dunaway PO Box E. Aspen CO 81612 Elizabeth, Ann Pla.ssma.n PO Box 10754 Aspen CO 81612 Greg Sherwin 1028 E. Hopkins Ave. #2 6 Aspen CO 81611 Richard. W. and Lary L. Lee Rural Route 1, Box 59 Atlanta KS 67008 Margaret Cantrup PCB Box 852 Aspen CO 81612 Leland C. Shoaf PO Box 3123 Aspen CO 81612 Ewald Rainer #4, 409 E. Cooper Ave. Aspen CO 81611 Laurie Van Woerkom PO .fax 341 Woody Creek CO 81656 Jonathan G. Ashton PO Box 4036 Aspen CO 81612 Gabriella Bursten PO Box 571 Pacific Palisades CA 90272 Vibeke Trautsen No. 12 , 1.19 E. Cooper Aspen CO 81611 .. 3 - NOV V' E4 ' 92 16 : 14 STEWRRT TITLE Conti Uation Page P.6/11 Universal Life Church 0/0 Guy Rollins PO Box 50004 Pasadena Co 91105-0004 Mary Jo Bersch.iet PC Box 1414 Aspen CO 81612 Kenneth Heinger BOX 307 Gharlevois MT 49720 Frank Blatt c/o Northwood. Contractors PC Box 6543 Annapolis MD 21401 Nicholas J. Gubser PO Box 870 Aspen CO 81611 Nicholas Cipollino 126 Pilgrim Drive Greenwich CT 06831 Trent E. Cowart 125 Hayward Heights Glenrock FA 17327 Gail Collingham Kock 134 E. Hyman Ave Aspen CO 81611 Ralph R. Devine P. J. Sullivan PO Box 7851 Aspen CO 81611 Larry ,zones PO Box 2152 .Aspen Co 81612 Joyce M. Carlyle 12-1.200 Riverside Dr. London, Ontario Canada N6H5CB Shelby J. Travis 208 E. 28th Street Apartment 2G New York NY 10016 Thomas E. Thoburn Vivian F, Thoburn -4- NOV 24 '92 16: 15 ST& ART TITLE Continuation Page 3206 Backingh.am Lane Cocoa FL 32926 Marilyn j. Oberembt Laving Trust PO Box 1730 Pawl.ey Island SC 29585 Leonard Cave Sandra Cage 1400 Tucker sane Ashton MD 20861 M B Joint Venture c/o .Fred Martell 3 Quail Run Old Westbury NY 11568 Richard P. Simmons) Dorothy P. S immons C/o Brian P. B1.mmaMs 2018 Worth New Orleans Chicago IL 60614 William F. Carr, Trustee PO Box 4 619 Aspen CO 81612 Fred Martell Barbara Martell 3 Quail .Run Old Westbury NY .11568 Robert Baum 35 Mayf lower Dr. Tenafly NJ 07670 Ronald J. and Dana L. Cohen 6500 Racy Springs give Bethesda MD 20817 Stephen T. Salzman Elissa P. Salzman 789 Woburn St. Willim9t0n MA 01887 Red River Investment 408 St. Peter 5t. Ste 440 St. Paul MN 55102 Richard Stahurs PCB Box 4097 -5- NOV E4 '9E 16:15 STEWART TITLE P.3/11 Cantinuatian Page Aspen CO 81612 Deborah Lynn Hendricks-Stran 185 Bonnie Cane Lane Anaheim Hills CA 92807 Clark F'.ieke PO Box 2995 Aspen Co 816.12 Don Q . Lamb, Jr. University of Chicago 5640 South R11's Ave. Chicago IL 60637 William A. Reily 600 E. Maim St. #204 Aspen CO 8i611 Patti Wakefield PO Box 865049 Pland TX 75086 Hobert D . Miller Rutty; Vane Miller PO Box 4157 Aspen Co 81612 Steve B. Braugh 599 Trout .Lake Dr. Sanger CA. 93657 Robert H. Barchests 1555 Washtenaw Ann Arbor MI 48104 Gilbert W. Hicks Patsy K. Hicks 3674 Woodlawn Terrace Place Hcnalu14 Hawaii 96822 Lloyd L. Ross 426 Handley Blvd. Winchester VA 22601 Richard L. Arnold Katheryn J. Arnold 14 R.iverridge Trail Ormand Beach FL 32174 Thomas J. Hibb -6- NOV E4 '9E 16:15 STEWART TITLE Continuation Page P.9/11 4600 East 48th Ave. Denver CO 80201 Donald R. Heys 2495 Adare Ann Arbor MI 48104 Austin Financial Co. 6692 Manchester Blvd. Buena Park CA, 90621 Bart maestranzi 1101 N. Western Park Ridge IL 60058 David S. Kidder 3928 University Blvd. Dallas TX 75205 Jean -Paul Aube 522 Algonquin Blvd. Tinmins, Ontario Canada F4NIB7 Jere McGaffey 777 E. Wisconsin Ave. Milwaukee W1 52202 Kathleen A. Mann PO Box 2057 Aspen CO 81612 Joseph A. Marchetti 1526 Forest Drive Glenview IL 60025 Tom J. Martin, Jr. Jean F. Martin Route 1, Box 269M George West TX 78022 Ralph Doran 2500 Woodward Way Atlanta CA 30305 William David Arnett 5333' N. Camino Real Tucson AZ 85718 Mathew C. Dyrof f 2429 Broadway Boulder Co 80304 -7- NOV24 ' 2 16: 16 STEWART TITLE P. 1©'11 Continuation Page Melvin K Sommer Dorothy K . Stammer #2 0 8 , 11939 Gordan Ave. Los Angeles CA 90049 Marcia V. Foster Seipp Glenna C. Foster 3215 Tarry Hollow Dr. Austin TX 78703 Richard P. Coppock Box 44 Dexter MI 48130 Martha Foster PO Box 585608 Dallas TX 75258 John Hoban 5406 N. Briar Ridge Circle McKenney TX 75070 RKJR Properties, Ltd E Kay Lips Mitchell Robert H. Mitchell E. Kay Tips c/o See 1 igson & Steinberg c/o Roy J. Monk 2200 One Galleria Tower 13355 Noel Rd. Dallas TX 75240-6657 Holland & Nast 600 E. Main Aspen CO 81611 Aspen 600 PO Box 3159 Aspen CO 81612 Lido Anthony Iacocca 1200 Chrysler Dr. Highland Park MI 48288 Reede Company Limited PO Box 122 Mignot Plateau St. Peter Port Guernsey Channel Islands Robert J. Appel 700 Park Ave. Ste 18A New York NY 10021 Barrett Hamilton -8- I IVY C-1+ =1G 10 • 10 1 1 1 1_L Continuation Page r- . 11/ 11 PO Box N-3 Aspen CO 81612 Sharon H. Tingle 716 E , Hopkins Ave. Aspen CO 81611 57, Tnc. c/o Delphi Investments, Ltd 888 W. 6th St. Ste 1500 Los Angeles CA 90017 Neil. Rose PO Box 2075 Aspen CO 81.612 Thomas E . Kane 520 E. Durant Aspen CO 81611 Sheldon J. Diller 900 Allen Ave. Glendale CA 91201 Edge of Ajax Inc. PO Sox 2202 Aspen CO 81612 Although we believe the facts stated are true, this letter is not to be construed as an abstract of title, nor an opinion of title, nor a guaranty of title, and it is understood and agreed that Stewart Title of Aspen, Inc., neither assumes nor will be charged with any financial obligations or liability whatever on any statement contained herein. MM Cell I.D.: Vontz/Aspen - Equipment TEMPORARY LEASE AGREEMENT THIS TEMPORARY LEASE AGREEMENT (this "Lease") is entered into this .r day of 1992 between HMS Partnership, ("Landlord") and Colorado High Country Cellular Limited Partnership, d/b/a Cellular One ("Tenant"). For good and valuable consideration, the parties agree as follows: 1. Premises. Subject to the following terms and conditions, Landlord leases to Tenant use of a portion of the real property (the "Property") described in Exhibit A attached hereto. Tenant's use of the Property shall be limited to that portion of the Property described and depicted in Exhibit B attached hereto, together with easements for access and utilities as provided herein (collectively, the "Premises"). The Premises, located at 624 East Hopkins, shall comprise at least 225 square feet. 2. Use. The Premises may be used by Tenant for equipment used in the transmission and reception of radio communication signals in any and all frequencies. Landlord agrees to cooperate with Tenant, at Tenant's expense, to obtain any necessary permits. 3. Term. The term of this Lease shall be six months. 4. Rent. Upon the Commencement Date, Tenant shall pay Landlord, as rent, the sum of Two Hundred Seventy -Five Dollars ($275.00) per month ("Rent"). Rent shall be payable on the first day of each month in advance to Landlord at Landlord's address specified in Paragraph 11 below. 5. Interference. Landlord shall not use, nor shall Landlord permit its tenants, licensees, invitees or agents to use, any portion of Landlord's Property in any way which interferes with the operations of Tenant. 6. Improvements; Liability; Utilities; Access. a. Tenant shall have the right, at its expense, to place and maintain on the Premises a temporary cell site including without limitation radio transmitting and receiving equipment and an electronic equipment shelter (collectively the "Antenna Facilities"). The Antenna Facilities shall remain the exclusive property of Tenant, and Tenant shall have the right to remove the Antenna Facilities following any termination of this Lease. b. Landlord represents and warrants to Tenant that Tenant shall enjoy ingress, egress, and access from an open and improved public road to the Premises adequate to service the Premises and the Antenna Facilities at all times during the term of this Lease or any renewal .thereof ._al -no additional charge to Tenant. 7. Termination. This Lease may be terminated, without any penalty or further liability, on thirty (30) days' written notice by either party. 8. Taxes. Tenant shall pay any personal property taxes assessed on, or any portion of such taxes attributable to, the Antenna Facilities. Landlord shall pay all real property taxes and all other fees and assessments attributable to the Premises. 1 9. Insurance. Tenant will provide Comprehensive General Liability Insurance in an aggregate amount of $500,000.00 and name Landlord as an additional insured on the policy or policies. Tenant shall provide proof of this insurance within fifteen (15) days from the date of this Lease] c=; ��.�� �1,c --\ -- - --- <,-. - �, 10. Hold Harmless. Tenant agrees to hold Landlord harmless from any and all claims arising from the installation, use maintenance, repair or removal of Tenant's Antenna Facilities. 11. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or sent by overnight carrier to the following addresses: If to Landlord, to: HMS Partnership 300 South Hunter Aspen, Colorado 81611 Attn: Mr. Joshua Saslove 12. Title and Quiet Enioyment. If to Tenant, to: Colorado High Country Cellular, Limited Partnership 1001 16th Street, Suite C-1 Denver, Colorado 80265 a. Landlord warrants that it has full right, power, and authority to execute this Lease. Landlord further warrants that Tenant shall have the quiet enjoyment of the Premises during the term of this Lease or any renewal thereof. DATED as of the date first set forth above. LANDLORD: HMS Partnership TENANT: Colorado High Country Cell r Limited Partnership d/b/a Cellula ne By Its 2 EXHIBIT A LEGAL DESCRIPTION to the Temporary Lease Agreement dated jClEc I , 1992 between HMS Partnership, as Landlord, and Colorado High Country Cellular, Limited Partnership, as Tenant The Property is legally described as follows: 624 East Hopkins Street, City of Aspen, Colorado -Lot Q, Block 98, City of Aspen, Colorado 3 EXHIBIT B to the Temporary Lease Agreement dated D,- e- 1992 between HMS Partnership, as Landlord, and Colorado High Country Cellular, Limited Partnership, as Tenant as follows: The location of the Premises within the Property is more particularly described or depicted A 15' x 15' fenced area located as described in Exhibit A and positioned next to the 620 building (formerly KSNO) 620 E. Hopkins Street, Aspen, Colorado. 4 �a 0 i 1a c — ,-- o — _ OWN K)IJI— KXII 16fH sT DES, C ai ()KR17D V0265 TYIIE OF VARIAAICE RE UUE STED:TFMPORARY SToRAGF of Fn(AIPm "T As tag C)R aLlauLL- o I J X 3' T' STRUCTURE Ih\TE OF AhhI.ICATION DATE OF HEA111NG:1.1-10 - 9-2 j 27�Tf�L� 11��v ra0� i-o Slo' V)f t6�.wuce� 1 13� gyp' 1 I 1Kum . V.Y 00 \fAe